K.Saraswathi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN K.Saraswathi ... Petitioner Vs.

1.The State Represented by The Commissioner of Police, Tambaram.

2.The State Represented by The Inspector of Police, Maraimalai Nagar, Chengalpattu.

Now transferred to The Inspector of Police, Central Crime Branch, Tambaram.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the 2nd respondent to collect 161(3) Cr.P.C. Statement from all the victims in respect of FIR in Crime No.201 of 2022 on his file and to add all the persons who are involved in occurrence as accused, by considering the representation dated 21.04.2022 by the petitioner and to the investigation.

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For Petitioner : Mr.P.Jesus Moris Ravi For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl.Side)

O R D E R

A case in Crime No.201 of 2022 dated 23.04.2023 came to be registered by the Maraimalai Nagar Police Station based on the complaint given by one Selvakumar against Arivunambi, Arul Selvi, Sabari and four other named accused and unknown accused for the offences under Sections 406, 418 and 420 IPC.

2.

It is a fraud designed to cheat both landlord and tenant by pretending as facilitator between landlord and tenant. It appears that more than 500 persons been cheated and the suspected amount cheated is more than Rs.13 Crores. When one of the victim by name Jakkannan approached this Court seeking expedite the investigation and completion of final report, the learned Public Prosecutor had reported to the Court that so far 250 witnesses were examined and many victims have come forward to give the statement and therefore, need time to complete the investigation. Recording the same, this Court has directed the respondent police to complete the investigation expeditiously and disposed the petition on 28.06.2022. Even after lapse of one year 3 months, the investigation is not yet completed and 2/4

therefore, another victim by name Saraswathi seeking expedite the investigation this time.

3.

The learned Government Advocate (Crl.Side) appearing for the respondent police states that for the past one year they have examined another 75 witnesses and having come to know that the quantum of cheating amount is Rs.13 Crores, therefore, decided to transfer the investigation to EOW which is the specialized wing to investigate the matter of this kind. 4.

It is unfortunate that the 2nd respondent police had kept the investigation pending for all these years in spite of directions of this Court and now decided to transfer it to EOW. Taking into consideration the magnitude of the alleged fraud and cheating, the 2nd respondent shall forthwith transfer the matter to EOW and on receipt of the records, the Superintendent of Police, EOW shall assign the investigation to the competent officer to complete the investigation within a period of 6 months. The 2nd respondent police is directed to transfer the CD file and other documents forthwith not later than 27.11.2023. Dr.G.JAYACHANDRAN, J.

rpl 3/4

5.

With the above direction, this Criminal Original Petition is disposed of.

21.11.2023 rpl To 1.The State Represented by The Commissioner of Police, Tambaram.

2.The State Represented by The Inspector of Police, Maraimalai Nagar, Chengalpattu.

Now transferred to The Inspector of Police, Central Crime Branch, Tambaram.

3.The Public Prosecutor, High Court of Madras, Chennai.

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